Marriage later in life brings special joys—and specific legal and financial considerations. Whether it’s a second marriage, a partnership after raising children, or finding love after retirement, older couples often have more complex financial situations than younger newlyweds.
Assets, retirement savings, real estate and inheritances accumulated over decades must be handled with care. A premarital agreement (often called a prenuptial agreement) is one of the most practical tools to protect individual and family interests. Far from being a sign of mistrust, a well-crafted agreement fosters transparency, protects loved ones and reduces the risk of disputes if the marriage ends through death or divorce.
Why Older Couples Should Plan with a Premarital Agreement
Older couples frequently bring established financial histories into marriage. They may own homes, businesses, investment portfolios, or have obligations like alimony or child support from previous relationships. Some may wish to preserve assets for adult children or grandchildren.
Without a premarital agreement, state laws—rather than personal wishes—may determine how property is divided upon divorce or death. In many cases, a surviving spouse is entitled to a significant portion of the estate, even if the deceased spouse intended to leave more to children from a prior marriage.
A premarital agreement allows couples to customize these outcomes, ensuring that their wishes are respected and that their marriage starts with full financial clarity.
Key Issues to Address in a Premarital Agreement
Premarital agreements typically address how assets and debts will be handled both during the marriage and in the event of divorce or death. Common topics include:
- Identifying separate versus marital property
- Defining how jointly acquired assets will be divided
- Specifying inheritance rights for children from previous relationships
- Clarifying responsibility for debts incurred before or during the marriage
- Determining spousal support or waiving it altogether
Couples may also include agreements about healthcare decision-making, although these issues are often handled through separate estate planning documents.
While some topics, like child custody or child support for minor children, cannot typically be negotiated in advance, most financial and property-related matters are fair game.
Protecting Heirs and Family Interests
For older individuals with children from previous marriages, a premarital agreement can protect family inheritances. Without one, surviving spouses could inherit property that parents intended to pass directly on to their children.
Using a premarital agreement in combination with updated wills, trusts and beneficiary designations creates a comprehensive plan that reflects your true intentions and avoids accidental disinheritance.
It’s also an act of love—shielding family members from costly, painful legal disputes and ensuring that everyone understands and respects your wishes.
Premarital Agreements Strengthen Communication
Discussing finances can be uncomfortable. However, it builds stronger foundations. A premarital agreement encourages open conversations about money, values and expectations. It forces couples to talk about important topics—retirement plans, caregiving needs and financial obligations to others—that might otherwise be overlooked.
Rather than undermining romance, these discussions show respect for each other’s histories and futures. They create shared understanding and prevent surprises down the road.
The Importance of Independent Legal Advice for Each Spouse
For a premarital agreement to be legally enforceable, each party should have their own attorney review the document. This ensures that both individuals understand their rights and obligations and that the agreement cannot be challenged later due to claims of coercion or misunderstanding.
Working with an experienced estate planning or family law attorney ensures that the agreement is tailored to your state’s specific requirements and your unique circumstances.
Key Takeaways
- Older couples face unique financial complexities: Premarital agreements protect separate assets, retirement savings and family inheritances.
- State laws may not align with your wishes: Without a premarital agreement, default rules could override personal intentions.
- Premarital agreements prevent family disputes: Clear terms protect adult children and reduce conflict after death or divorce.
- Open communication strengthens relationships: Discussing financial expectations fosters honesty and trust before marriage.
- Legal guidance ensures enforceability: Independent attorneys for each party help create a firm, fair and binding agreement.
To learn more about estate planning in the East Valley, Gilbert, Mesa and Queen Creek, schedule your free consultation with Attorney Jake Carlson by using one of the links above.
References: American College of Trust and Estate Counsel (ACTEC) (Nov. 5, 2020) “What Is a Prenuptial Agreement?” and Hello! Magazine (April 2025) “King Charles and Queen Camilla’s Separate Homes: Was a Marital Agreement Involved?”